Odd isn't it that the two charming CID officers I spoke to in Dumfries yesterday said they wouldn't be talking to anyone about them charging me with Breach of the Peace? Yes, that's Breach of the Peace, not the pukka incredibly serious charges of blackmail or extortion.
But hey, another day, another 'exclusive' for Paul Hutcheon of the Sunday Herald writing again in the Herald........
Pronunciation: \ˈblak-ˌmā(ə)l\
Function: noun
Etymology: black + 1mail
Date: 1552
1 : a tribute anciently exacted on the Scottish border by plundering chiefs in exchange for immunity from pillage
2 a : extortion or coercion by threats especially of public exposure or criminal prosecution b : the payment that is extorted
blackmail transitive verb
black·mail·er noun
Pronunciation: \ik-ˈstȯr-shən\
Function: noun
Date: 14th century
1 : the act or practice of extorting especially money or other property; especially : the offense committed by an official engaging in such practice
2 : something extorted; especially : a gross overcharge
ex·tor·tion·er \-sh(ə-)nər\ noun
ex·tor·tion·ist \-sh(ə-)nist\ noun
Breach of the Peace
Offence: When one or more persons conduct themselves in a riotous, or disorderly manner, anywhere, which alarms, annoys or disturbs the lieges (other people).Arrest: Common law powers of arrest.
Notes:
This offence can take place anywhere i.e. a house, a public street or a private office.
Riotous: There is normally an element of noise, or 'rowdiness' or 'brawling' which is clearly causing concern to other members of the public e.g. swearing, challenging people to fight.
Disorderly: There is a more subtle element. The behaviour doesn't have to be noisy but still of a nature that would cause concern to other people. Examples include: 'Peeping Tom' type behaviour, persistently following someone, delivering 'threatening' letters and 'streaking' or 'mooning'.
To prove a Breach of the Peace the most important things to prove is that someone was Alarmed, Annoyed or Disturbed by the incident.
Thank chuff I didn't email in the buff!
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10 comments:
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Everybody everywhere commits a Breach of the peace everyday.
Its lovely wishy washy charge which old bill will use when they haven't really got a case.
I do wonder who would be in 'fear or alarm' and why still if it gets to Court..perhaps they will explain.
Did you keep your nightcap on?
Whole thing raises some wider issues about the relationship about separation of legal and political powers etc. Blogged on it here http://joanmcalpine.typepad.com/joan_mcalpine/2010/01/there-is-no-better-way-for-the-government-any-government-to-silence-its-critics-such-as-this-blog-than-by-directing-the-lor.html
Good lord, causing undue fear and alarm via private emails in the wake of an uncommunciated dismissal?
Surely an uncommunicated dismissal would be more likely to cause fear and alarm rather than emails about it to one's erstwhile employer?
Alarming the lieges? FFS, have you ever even BEEN to Belgium?
News of the demise of your blog and imminent visit to the slammer seems to be rather premature.
http://news.bbc.co.uk/1/hi/scotland/8475782.stm
As Joan says this certainly raises issues, not least personal privacy.
Breach of the Peace, oh lordy!
The allegation of criminality is beyond contempt.
Two CIDs for a "breach of the peace" - obviously we have more police than we know that to do with, now.
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